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HomeMy WebLinkAboutCT 04-08; CITY VENTURES HOMEBUILDING LLC; 2012-0019026; Hold Harmless Agreement/ReleaseDOC lllllllllll 2012-001902G lllllllllllllllllllllllllllllllllllllllllllll RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 JAN 12,2012 11:08 AM OFFICIAL RECORDS SAN DIEGD COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: 4 8668 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME RELATED PROJECT ID: 215-050-73-00 CT 04-08 La Costa Village Townhiomes HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 471-6A) and improvement plans (DWG 471-6) for development to occur on property more particularly described as (see attached, "Exhibit A"), and other good and valuable consideration, receipt of which is hereby acknowledged, l/(We) City Ventures Homebuilding LLC, a Delaware limited liability company, the owner(s) of said property promise to indemnify and to hold the City of Carlsbad, its officers, agents and employees harmless from liability for injuries to any persons, or damage to or taking of any property including public property, directly or indirectly caused by the geological failure of any nature, type or cause or any subsequent damage that may occur on or adjacent to this subdivision due to its construction, operation or maintenance. Approval of the plans or permits, or inspection of any work done pursuant to those plans or permits by the City shall not constitute an assumption by the City of any responsibility for any damage or taking referenced in this agreement. City shall not be responsible in any manner whatsoever for the design, compaction, construction or maintenance of the slopes, cuts, fills or improvements made or done pursuant to the approved plans, nor shall any officer or employee thereof be liable or responsible for any accident, loss or damage happening or occurring during the construction work or improvements as specified in this agreement. The entire risk of any loss resulting from or caused by any geological failure is assumed by and shall be borne by the owner. Q \CED\LandDev\PROJECTS\CT\CT 04\CT 04-08 La Costa Village Townhomes (Moonstone fornnerly Levatino) - Rick\B & MHOLD HARMLESS AGREEMENT GEOLOGICAL u.xi^ciju-a FAILURE(471-6).doc 8669 It Is agreed that the above owners will maintain all slopes and landscaping in a manner to insure slope stability to the satisfaction of the City Engineer. The owners agree to repair any damage to public improvements caused by any geological failure referred to in this agreement to the satisfaction of the City Engineer. The owners agree to repair or stabilize any slope which the City Engineer determines may fail and cause damage to public improvements. It is further agreed that this agreement shall be binding on all heirs, successors or assigns having an interest in all or any part of the property described herein. IN WITNESS WHEREOF, the undersigned has executed this instrument this . day of D<2( _, 20 W OWNER(S) City Ventures Homebuilding LLC By: City Ventures Communities, LLC, its member By: City Ventures, LLC, its sole member By: 'sign here) Tony Pauker. Vice President (print name and title) Date: By: (sign here) Scott Homan, CFO (print name and title) Date: APPROVED AS TO FORM: RONALD R. BALL City Attorney Deputy (Proper notarial acknowledgment of execution by owner(s) must be attached) (Chairman of the Board, President, or any Vice-President and Secretary, any Assistant Secretary, the Chief Financial Officer, or any Assistant Treasurer must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) 2 Q \CED\LandDev\PROJECTS\CT\CT 04\CT 04-08 La Costa Viiiage Townhomes (Moonstone formerly Levatino) - Riok\B & MHOLD HARMLESS AGREEMENT GEOLOGICAL FA1LURE(471 -6).doc 8670 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of } on J^/^iiL_ before .e, NAu i\tKC (^;iWn(£ the Officer personally appeared * ^ ^ ^^•^-''V Name(s) of SiQner(^^^~^~^^°°^ ^^XP^^ i£—1- MICHELLE BOHANNON Commission # 1884092 Notary Public - California , Orange County S My Comm. Cxnirs< M=.r oe 2014 F who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) j^^subscribed to the within instrument and acl<nowledged to me that h/^/stfe/iffiSf^executed the same in hij^r^fngp authorized capacity(ies), and that by hiX/t](^r^ffiiIf)Signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS Place Notary Seal Above Signature OPTIONAL )S niQ hanS Thouqh the information below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: K^/A Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's M.rr..-^[l\r\i A \p^v .tV^^ ! I InHK/iHiml • individual • Corporate Officer —Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: ^ Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's M.mP-^r /Y^' <dTA.m/l • Individual • Corporate Officer — Title(s): ^— • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. ©2007 National Notary Association' 9350 De Soto Ave., RO. Box 2402-Chatsworth, CA 91313-2402-www.NatlonalNotai7.org Item #5907 Reorder:CallToll-Fiee 1-800-876-6827 Q \CED\LandDev\PROJECTS\CT\CT 04\CT 04-08 La Costa Village Townhomes (Moonstone formerly Levatino) - Rick\B & MHOLD HARMLESS AGREEMENT GEOLOGICAL 8671 EXHIBIT A LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: ALL THAT PORTION OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECnON 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE OTY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BHNG MORE PARTICULARLY DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED JUNE 16, 1989 AS INSTRUMENT NO. 89-317343, AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECHON 26; THENCE ALONG THE NORTH LINE OF SAID SEGION, SOUTH 89°13'06" EAST 53.79 FEET TO A POINT IN THE ARC OF A 7045.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 57«3742" WEST, SAID POINT ALSO BBNG IN THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED TO THE COUNTY OF !>AN DIEGO, RECORDED JULY 10, 1970 AS INSTRUMENT NO. 121184, OFROAL RECORDS OF SAID COUNTY, SAID SOUTHWESTERLY LINE BONG DRAWN CONCENTRIC WFTH AND DISTANTF 45.00 FEET SOUTHWESTERLY MEASURED RADIALLY FROM THE CENTER LINE OF EL CAMINO REAL AS SHOWN ON SAN DIEGO COUNTY ROAD SURVEY NO. 1800-1, ON RLE IN THE OFFICE OF THE COUNTY ENGINEER OF SAID COUNTY; THENCE SOUTHEASTERLY ALONG SAID 7045.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 0<»38'48", A DISTANCE OF 79 51 FEET; THENCE TANGENT TO SAID CURVE SOUTH 33°01'06" EAST 1045.53 FEET TO THE BEGINNING OF A TANGENT 1755.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18°14'08", A DISTANCE OF 558.56 FEET TO A POINT IN THE ARC OF SAID CURVE TO WHICH A RADIAL LINE BEARS NORTH 75°13'02" EAST; THENCE LEAVING THE SOUTHWESTERLY LINE OF SAID ROAD SURVEY NORTH 89°14'31" WEST 435.63 FEET; THENCE NORTH 49°0r37" WEST 602.12 FEET TO AN INTERSECTION WFTH THE WEST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 26; THENCE ALONG SAID WEST LINE NORTH 0»03'00" WEST 1053.06 FEET TO THE POINT OF BEGINNING. EXCEPHNGIHEREFROM THOSE PORTIONS GRANTED TO THE CTTY OF CARLSBAD IN DEEDS RECORDED FEBRUARY 11, 1992 AND FEBRUARY 13, 1992 AS INSTRUMENT NOS. 1992-0072898 AND 1992-0080875, RESPECTIVELY, BOTH OF OFROAL RECORDS. ALSO EXCEHTNG THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN AND TO THE OIL AND MINERAL RIGHTS IN CONNECTION WITH SAID LAND PROVIDED THAT THIS RESERVATION DOES NOT INCLUDE ANY RIGHT OF THE GRANTOR TO MAKE A SURFACE ENTRY FOR THE PURPOSE OF EXPLORING FOR OR EXTRACHNG ANY OIL OR MINERALS, IT BEING THE AGREEMENT OF PARTIES HERETO THAT GRANTOR SHALL, IN THE EVENT, OIL OR MINERALS ARE EVER PRODUCED OR EXTRACTED FROM SAID LAND BE ENTITLED TO ONE-HALF OF THE NET PROCEEDS THEREOF, AS RESERVED BY CLAUDIE MAY MILUGAN, A WIDOW, BY DEED RECORDED DECEMBER 31, 1956 IN BOOK 6399, PAGE 434 OF OFnOAL RECORDS. APN: 215-050-73